Transcript Document

Access to information?
The ins and outs of
information rights
Christopher Graham
Information Commissioner
ISKO UK – 14 April 2011
Information rights
• What the ICO does
• In v out: DPA and FOIA
• Facing both ways
– Coalition agendas
– What the public wants
– How organisations are responding
• How the ICO can help
The role of the ICO
•
Enforce and regulate
–
–
–
–
Freedom of Information Act
Data Protection Act
Environmental Information Regulations
Privacy and Electronic Communications Regulations
•
Provide information to individuals and organisations
•
Adjudicate on complaints
•
Promote good practice
Our mission
The ICO’s mission is
to uphold information rights
in the public interest,
promoting openness by public bodies
and data privacy for individuals.
Our vision
By 2012 we will be recognised by our stakeholders
as the authoritative arbiter of information rights,
delivering high-quality, relevant and timely outcomes,
responsive and outward-looking in our approach,
and with committed and high-performing staff - a model of
good regulation, and a great place to work and develop.
Balancing Ins and Outs
• Competing information rights
– Right to know
– Right to privacy
• Privacy Commissioner?
– Czar?
– Advocate?
• Information Commissioner
– Balancing rights
– Establishing the public interest
– Making things happen
Coalition agendas
• Protection of Freedoms Bill
– DNA database
– CCTV
– Criminal records
• Transparency and accountability
– Proactive disclosure
– Extension of FOIA
– Data sharing
• Open Data
– Publishing data sets, eg crime mapping
– Publication in reusable form
– Let a thousand flowers bloom
• Big Society
– New structures
– Less accountability?
Public social concerns
Q1: I am going to read out a list of issues that could be considered of social importance.
Table shows respondents who were either ‘very concerned’ or ‘fairly concerned’ about
each issue.
Social Issue
Overall
2004
2009
2010
Preventing crime
85%
96%
93%
Protecting people’s personal information
70%
94%
92%
Unemployment
50%
93%
90%
The National Health Service
78%
90%
90%
Improving standards in education
76%
89%
90%
Equal rights for everyone
69%
89%
87%
Protecting freedom of speech
67%
89%
86%
National security
71%
90%
85%
Environmental issues
66%
90%
83%
Access to information held by public authorities
48%
80%
75%
Source: ICO Annual Track 2010/11
Unprompted awareness of
obligations: Data protection
Q14 What obligations are you aware of that organisations have to comply with when
processing personal information?
Overall
Obligations
(Unprompted)
2007
2008
2009
2010
Personal information is kept secure
69%
55%
46%
54%
Personal information is processed for limited purposes
40%
24%
22%
28%
Personal information is not kept longer than necessary
39%
25%
22%
24%
Personal information is kept accurate and up to date
53%
36%
28%
30%
Personal information is processed in a fair and lawful manner
53%
40%
30%
28%
Personal information is not transferred to other countries without
adequate protection
29%
21%
19%
17%
Personal information is processed in line with the individual rights
31%
16%
15%
17%
Personal information held is adequate, relevant and not excessive
32%
19%
18%
15%
Unprompted awareness of
obligations: Freedom of Information
Q24 What obligations are you aware of that apply to public authorities under the FOIA?
Obligations (Unprompted)
Overall
2007
2008
2009
2010
Public authorities must provide help and advice
to people asking for information
50%
32%
31%
29%
Public authorities must disclose information
unless there is a legal reason not to
52%
30%
31%
24%
Public authorities must respond to requests
made under the general rights of access within
20 working days
67%
55%
56%
58%
Public authorities must provide information
through a publication scheme
63%
49%
39%
49%
Ten Years of FOIA
• Publication schemes and routine disclosure
• Right of access and handling requests
• The role of the Information Commissioner
• Growing numbers of requests and complaints
• Tribunal and Courts
Lean times
• Pressures on budgets (ICO included)
• Are information rights ‘front line’?
• FOIA as a driver of efficiency
• Proactive is VFM
• DPA breaches are costly
– Confidence
– Reputation
– £500k
Speeding up
• ICO speeding up
• No loss of quality (as measured at Tribunal)
• Pressure on public authorities to respond
• Monitoring of compliance
• Regulatory action
– Undertakings
– Enforcement Notices
Looking ahead – the wider picture
• Extension of FOI – new public authorities
• Wholly-owned companies and subsidiaries
• Inspire Regulations – geospatial information
• Publication schemes
• Post-legislative scrutiny
– Burden v charges?
– Cabinet material?
– Veto?
How the ICO can help
• ICO website www.ico.gov.uk
• Newsletter
• Helpline 0303 123 1113
• Codes of Practice
• Resources
– Publications
– CD-Roms
• Good Practice Audits
• Speakers/conferences
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